The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-09

Ine rear Oh Ine Train IN about twenty
minutes after we started. Harry Lyons,
the transfer agent at Salt Lake, first
informed me about the loss; Judge
POWERS was IN the sleeper with US at
least part of the time.
Redirect-Mr. McGrath was here the
following day when 1 returned to
Provo; l saw him and VIM together
at the hotel; McGrath came and called
him out; that was after the 10th; did
not see McGrath at the Provo depot /;
Mr.. Winn came back to the sleeper
before we reached Battle Greek.
| n. 2. Johnson-Was foreman of the
section of. the D. & r. G. Railway
running seven miles north and west of
Provo; heard of the reporters notes
being lost; that was in November of
1885; examined the satchel; first saw it
lying along the track of the D. & r. G..
Railway; picked it up sometime in
October, near the 10th, nearly a mile
north OF the depot; about a rod off the
track; some pieces were on one side and
some on the other; there were three
| pieces; threw the iron part in the creek;
| got it again in about twenty days; Mr..
Turner got it from me; first mentioned
it to John Peters, the Utah Central
agent; had not heard of the loss of the
|
| in the condition it is now, only Sit
looked new, and not so dilapidated;
was working about two miles farther
| up the road on the day we found the
satchel; trains all stop at the Utah
| Central crossing, about five miles from
| Provo; the other section men were
with me. The satchel showed it had
been cut with knife down three sides,
and torn off the other part
To defense-There were three pieces;
looked as if they had been thrown off
at different times some distance apart.
IN THE AFTERNOON,
Alma VIM was again called. As to
the question of the value of the notes,
ne. said that the value, if figured out,
would be about $1,000.
To defense-I base my opinion upon
the question OF the work and labor, the
| importance of the case, and there was
no other record.
The defense moved to strike out the
answer, as the value must be based upon
| the intrinsic market value.
The Judge thought, in the case cite d,
| the object stolen was of no utility, and in
this case that it was, and he would not
establish the practice without further
looking up the subject; thought the
question could be answered, and denied
he motion to strike out.
AnsWer-Time taking, eleven days,
$110; copying Zone copy, 5000
$40. Gould have made several
copies, and so on, unlimited. The
car was. full of passengers; did not
want to take my traps in the Pullman
car; did not then think but that they
would be safe; thought since that it
was not a safe way to do. Judge
Pow rs rode with me most of the time;
was with Judge Emerson part of the
time.
Q You are intimate with Judge
Powers?
Q.-You and he have been for some
time working up this case have you not2
A.-No, not as you put it.
Saw the testimony in his hands that
was taken before the grand jury; Judge
Powers suggested to me putting Ger
tain phrase in the. notice in the paper;
my financial condition at the time was
about $25, 900.
Q.-What were you worth in thirty
DAYS after this?
About the same.
Q-How much did you set for sup
pressing those notes?
A.-Never got any thing, haven't
any knowledge Of where they went;
the reason | offered the paltry sum of
fifty dollars was that [ thought some
one had taken them by mistake and
that it would insure their return.
Q.-What market was there for the
notes?
A.-There could have been no market
but in the case.
d. J. DudlesOn, passenger conductor
of the Denver g. Rio Grande-Heard of
the loss of the notes on the day they
We're missing; saw type writer in an
emigrant car in the front part of the
train; took up the tickets as soon as
the train started; saw Mr.. VIM; was
in the sleeping car some time during the
journey talking with Judge Powers;
the train stopped at the Utah Central
crossing: do not remember of it stop
ping this side of there.
The testimony closed here until Mon
day.
NOTES.
The family of President 0. A. Smoot
were subpoenaed to appear before Com
missioner Hills Oh Monday; supposed
to be a case of unlawful cOhabitation;
we have no knowledge OF the defendant
being arrested. He is not at Provo.
Elmer Taylor, Esq, OF Nephi, and
family, were before Commissioner Hills
this morning. Mr.. Taylor entered a
plea of not guilty, and all witnesses are
subpoenaed to appear before the grand
Jury this afternoon. The charge is IN
lawful cohabitation.
David Udell is up on a similar charge
and entered a plea of not guilty; the
case goes 10 the grand jury this after
noon.
J. c. Graham's case was dismissed
from the Commissioner Court and
bubeaS corpus case put a stop to, Mrs.
Graham being released from custody,
aud the case taking different turns
The case of the United States vs..
John Harris was tried last night. The
jury could not agree until very pointed
Instructions we're given again by the
court-and were much different from
those of Judge Zane-That providing
for wife was unlawful cohabitation or
visiting her at all. The verdict was
guilty.
Sentence is set for the 9th, when
motion will be made for new trial.
Provo, October 8th, 1887.